The High Court of Patna granted anticipatory bail to the petitioner in a case instituted for offences under the Bihar Prohibition and Excise Act. The court found the allegations unimaginary for the stated conduct.
Anticipatory bail granted; petitioner to be released on bail if arrested.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 45895 of 2021
Arising Out of PS. Case No.-130 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur
====================================================== Rajesh Rai, aged about 38 years, Male Son of Siya Sharan Rai, Resident of Village-Bakhri Bujurg, P.S-Musarigharari, District-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
The petitioner seeks bail in anticipation of his arrest in connection with Samastipur (Muffasil) P.S. Case No. 130 of 2021 instituted for the offences punishable under Sections 30 (a), 32(2), 41(2) of the Bihar Prohibition and Excise Act.
Taking into consideration that the petitioner has been named as one of the persons from whom the liquor was seized is said to be delivered, which is only unimaginary to be a case under Section 30(a) of the Excise Act, accordingly, I am inclined to grant anticipatory bail to the petitioner, in the event of arrest he shall be released on anticipatory bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sanjeev Prakash Sharma, J)
Anand Kr.
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in anticipation of arrest under Sections 30(a), 32(2), and 41(2) of the Bihar Prohibition and Excise Act.
2 provisions across 2 enactments
Rajesh Rai
The State of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
